International parameters for the effectiveness of cultural liberties in the inter-american context

• Autor(a) principal: Aguiar, Marcus Pinto
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/20635
• topic: Liberdade de expressão; Liberdades culturais; Parâmetros internacionais; Controle de convencionalidade; Freedom of expression; Cultural freedoms; International parameters; Conventionality control

The present work seeks to delineate, in the juridical and institutional context of the international system of protection and promotion of human rights, jurisdictional parameters that promote the maximum realization of cultural freedoms, mainly from the inter-American regional mechanisms. In this sense, the contentious and advisory jurisprudence of the Inter-American Court, the conventional normativity of other regional systems and the global system, the pronouncement of jurisdictions of other international systems, as well as bibliographical research were analyzed. In the construction of the research, material frameworks were taken into account in order to approach the manifestations of cultural freedoms, in the form of artistic expression and identity, the latter as autonomy for choosing one's own life plans. In this way, it can be concluded that cultural freedoms, as human and fundamental rights, must be protected in their broader expressions of manifestation by the State and by society, only exceptionally limited legal restrictions and adequate social reality to avoid harm to others rights and national security, and to subsequent civil damages for possible abuse of rights.